KRISHNA BALLABH SAHAY Vs. COMMISSION OF INQUIRY

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution by the former Chief Minister, Shri Krishna Ballabh Sahay (petitioner No. 1) and some of his former colleagues (petitioners Nos. 2, 3 and 4), praying for quashing notification No. S.O. 255, dated the 1st October, 1967 (Annexure B), issued by the Government of Bihar, appointing a Commission of Inquiry under Section 3 of the Commissions of Inquiry Act, 1952 (hereinafter) referred to as the Act) for the purpose of inquiring into certain alleged malpractices inculding acts of "corruption, favouritism, abuse of power", etc., said to have been committed by the petitioners when they held office of Chief Minister and Ministers during the regime of the Congress Party in the Mate or Bihar. The various periods, during which the petitioners are alleged to have committed the said malpractices have been described in detail in the notification. So far as petitioner No. 1 is concerned, the period extends from 1946 to March, 1967. Apart from the four petitioners, two other former Ministers were also included in the said notification; but they have not cared to join in this application. The Commission of Inquiry will consist of a single member, viz., Mr. Venkatarama Ayyar, a retired Judge of the Supreme Court. As the validity of the notification is under challenge, I am quoting it in full excluding only Clause (d) of paragraph 4, which according to the supplementary affidavit filed by the petitioner on the 2nd November, 1967, has been omitted by a subsequent decision of the Government: The 1st October, 1967.

(2.) Shri Mahesh Prasad Sinha, who held the office of Minister during the periods from the 29th April, 1952 to the 5th May, 1957 and the 15th March, 1962 to the 5th March 1967 (forenoon).

(3.) Shri Satyendra Narayan Sinha, who held the office of Minister during the period from the 18th February, 1961 to the 5th March, 1967 (forenoon).